MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 June 2000                  
	DOCKET NUMBER:   AR1999027128

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Arthur A. Omartian 		Member	
	Mr. Roger Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his records be corrected to show he retired in the pay grade of E-7.

APPLICANT STATES:  That he served in the rank of sergeant first class (SFC), pay grade E-7, for two years, and was reduced in rank to staff sergeant (SSG) at retirement, for not attending the Advanced Noncommissioned Officer Course (ANCOC), but states he was never afforded the opportunity to attend the course. 

EVIDENCE OF RECORD:  The applicant's military records show:

On 19 August 1996, the applicant was conditionally promoted to the pay grade of E-7, with an effective date and date of rank of 1 September 1996.  His promotion order states that soldiers who receive a conditional promotion (conditional on completion of ANCOC) will have their orders revoked and their names removed from the promotion list if they fail to meet the ANCOC requirement.   

On 1 October 1997, he submitted an application for voluntary retirement.  Item 31, of his application states, that his promotion to SFC was conditional upon his completion of ANCOC, and that he had not attended ANCOC.

On 30 September 1998, he was retired in the rank of SSG, under the provisions of Army Regulation 635-200, Chapter 12, for sufficient service for retirement.  His Report of Separation indicates he had 21 years, and 5 days of creditable service. 

Army Regulation 600-8-19, in effect at the time, provided that soldiers who had not yet attended ANCOC prior to their effective date of promotion to SFC, were promoted “conditionally.”  Those who accepted a conditional promotion did so under the stipulation that they must successfully complete ANCOC to retain that promotion.  Soldier, who did not attend ANCOC and who had already been conditionally promoted to SFC, would be administratively reduced to SSG, and their dates of rank would revert to the date they were originally promoted to SSG.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence confirms that the applicant was conditionally promoted to SFC; however the condition of his promotion, attendance at ANCOC, was never fulfilled.

2.  The applicant provides no documentation to substantiate his claim that he was never afforded the opportunity to attend ANCOC.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___lls___  ___aao___  __ra____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999027128	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000622	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 110.00		
2.		
3.		
4.		
5.		
6.